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Allison, Richard & Toni Annexation
COMMISSIONERS a- s STATE OF IDAHO LARRY G. LOONEY, CHAIRMAN °� DEPARTMENT OF REVENUE AND TAXATION CAROL M. DICK ° STATE TAX COMMISSION DARWIN L. YOUNG LARRY C. JACKSON o 0 700 West State St. - P.O. Box 36 - Boise, Idaho 83722 January 8, 1988 City of Meridian ATTENTION: JACK NEIMAN 728 Meridian Street Meridian, ID 83642 RE: CITY OF MERIDIAN AMENDED ORDINANCE #486A Dear Mr. Neiman: The Idaho State Tax Commission has reviewed and accepted ordinance #486A to the City of Meridian. This ordinance shall appear on the 1988 Tax Code Area maps. Sincerely, C ES C RE BUREAU CHI F OPERATING PROPERTY (208) 334-7717 CM/sdv cc: ISTC Files County Clerk County Assessor EQUAL OPPORTUNITY EMPLOYER c H11B OF TREA SURF VALLEY A C .,),f Place to Live ,cclrlALS A.MJACKKI BERT. LIq eaurerra CITY OF MERIDIAN A.M KI EB ERT. Tree surer WAY E DCROOSTUART, Water works sunt. 33 EAST IDAHO yirJ1YNE G. CROOIC.>TON, JR., Attorney EARL WARD Wastri Water Supt, KENNY ROY PUROE EPS, Fire CC sit t MERIDIAN, IDAHO 83642 GARY SMITH, City Engineer Phone 888-4433 GRANT P. KINGSFORD Mayor January 6, 1988 Mr. Charles McCreath State of Idaho Department of Revenue & Taxation 700 West State St. Boise, Idaho 83722 Dear Mr. McCreath, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chairman Zoning & Planning Re: City of Meridian Amended Ordinance #486A Attached, as requested in your October 26, 1987 letter, is a metes and bounds legal description along with a photocopy of the original plat of this area for the subject ordinance. Please advise if you need other information or have any questions. Sincerely, Jack Niemann City Clerk A PORTION OF THE SE 4 NE4, SECTION 71 T.3N., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in the SE 4 of the NE a of Section 7, T.3N., R.1E., B.M.i Ada County, Idaho, more particularly described as follows: Beginning at the east one quarter corner of said Section 7; thence westerly, along the east -west mid-section line of said Section 7, 11009.25 feet to a point, also said point being the REAL POINT OF BEGINNING; thence continuing Westerly 314.75.feet to a point; thence northerly 674.70 feet to a point; thence easterly 314.75 feet to a point; thence Southerly 674.70 feet to the point of beginning, comprising 4.88 acres, more or less. = 1 +fir; I—. iM ..4... .. _. ':c .i c' - 'r '�`TMrT: i y�#ti'G. . 'Y: ' `✓ g ''a+` f �Sa t4T'+'th'-t 4• z., _ .a. 4 'i .. r ?jti„.T..Y < fir- 9 .:1 �'- _ :._ d. � . i E _ .-121r. ^via!',- 'k' -. r� k ,'� ..s":`ti. - ... "� r 4f` - _,F, fi �...;�'; 'KT3y}+$'„s � �.a+--' ;jr �j' _ k - }6' r dY` s y�.'+. 1Ri, ;3.3 �, .af yr,J�.�-- b . 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'.'n ,fit- f -�.- .3'!� .f- a' 3 - 1 `"_, r . f �. °'.? s� k =;t s..+.- - 5r.Th ,i ,� r. � -1 _ Cyt m y '' r l`_s�'Y,.t:t��3 ! a M,:. Xt-_z �s r ry �1 ' ' "' <` �. .moo-,� !r ",, `'� ? .a �'' •.� s 'c..= Y R.�a f`zs`�'. i*- ".''r.t�'L L .r - �.f is -~.G -Y.. jj{{ ti Y ,x'• s _...,4 . - Y � � I �- k r f, tr . - °. " 1 k i i'a - �: , , �' - x ,� l I r x „„- aa'a. " �I _- .,. ..,,.L.....a ggx�� l s ,� �� 2 i M Y � :f i wiz: �'1 f >i 9 T !'Y fill �S4k��. +.7 .t i , '` 3h s ; ( s 1 '1 .� f' I "1 «' w i " I w - 3. ,,, .� . t _ i 9 } ,g . ; j '`fir'' r i # ; ) 1 ' , '_ - i ;a *. �I:r 0 • MERIDIAN CITY COUNCIL SEPTEMBER 1, 1987 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Roy Porter, Earl Ward, Gary Smith, Walt Morrow,Bob Mitich, Kenny Bowers, Wayne Crookston, Sue Stover, Julie Stutts, Steve Wherry, Darlene Seamons, Brent Alger, Dennis Nieslen, Jim Hall: The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting held August 18, 1987 as written: Motion Carried: All Yea: Item #1: El -Ada, Inc: Mr. Jim Hall was present from E1 -Ada, Inc., Mr. Hall gave the Mayor & Council a brief description of the different programs they were involved in and passed out a questionere:to the Mayor & Council to be completed and returned to E1 -Ada, Inc. Item #2: Public Hearing: 1987-88 Fiscal Year Budget: _ Mayor Kingsford: I will now open the Public Hearing, is -there anyone in the audience who wishes to offer testimony on the 1987-88 Budget? There was no response, the Public Hearing was closed. Item #3: Ordinance #488: Annual Appropriation Ordinance: Mayor Kingsford: An ordinance making all appropriation of. money for all necessary expenses and;liabiliti_es of the City of Meridian, Ada County, Idaho.for the fiscal year commencing the first day of October, 1987, and ending the thirtieth day of September 1988,.this Ordinance known as the Annual Appropriation Bill- and declaring an emergency, is there anyone in the audience -who wishes Ordinance #488 read in its entirety? There. was no response, the estimated total revenue for the fiscal year is $3,142,815.00 with the estimated expenses being $3,142,815.00: The Motion was made -by -.Brewer and seconded by Myers that the rules and provisions of -5D-aO2-- and- all rules and provisions requiring that Ordin- ances be read-on•three-different days be dispensed with and that Ordin- ance Number 488 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: item #4: Amended Ordinance #486: Allison Annexation Mayor Kingsford: This amendment was necessary as the portion of Pine Street along this property was omitted from the original Ordinance, An Ordinance amending Ordinance #486 which Ordinance annexed and zoned Lot 6 of East Side Addition to Meridian, Ada County, Idaho and providing an effective datc,is there anyone in the audience who wishes Amended Ordinance #486 read in its entirety? There was no response. SEPTEMBER 1,1987 PAGE #2 The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 486A as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #5: Resolution #115: Proclaiming General City Election: Mayor Kingsford: A Resolution proclaiming general City election,to be held November 3, 1987, designating the polling places, designating the Registrara.�ifd Deputy Registrars,and ordering the City Clerk to give notice of such election, is there anyone present who wishes Resolution read in its entirety? There was no response. The Motion was made --by Tolsma and seconded by Myers that Resolution #115 be passed and approved: Motion Carried: All Yea: Item #6: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to, you have a right to a pre -termination hearing before the Mayor & Council to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent, you may retain counsel. Is there anyone in the audience who wishes a pre -termin- ation hearing? Darlene Seamon, representing Wesley Worchester, Acct #5326, 1216 W. 12th Avenue was present and felt there was something wrong with the amount they had been charged. The Mayor & Council asked the City Engineer to investigate this account and the water would not be turned off at this time. Mayor Kingsford: Is there anyone else present who wishes a hearing? There was no response. The amount of the turn-off list this month is $7,833.05: Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on September 9, 1987. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City review- ed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal the water will be shut off. The Motion was made by Tolsma and seconded by Myers to approve the turn-off list with the exception of Acct# 5326: Motion Carried: All Yea: Item #7: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve theobills.� Motion Carried: All Yea: 00 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • AMENDED ORDINANCE NO. 486A_ ALLISON SECOND ANNEXATION AN ORDINANCE AMENDING ORDINANCE NO.486 WHICH ORDINANCE ANNEXED AND ZONED LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is. in the best interest of said City to annex to the said City real property which is hereinbelow described as follows: LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ACCORDING TO THE PLAT THEREOF FILED IN BOOR 4 OF PLATS AT PAGE 158, AND INCLUDING THE NORTH 1/2 OF THE RIGHT OF WAY OF PINE STREET ADJACENT THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is- hereby annexed to the City of Meridian, and shall be zoned as follows: The 110.00 feet adjacent to Pine Street L -O, LIMITED OFFICE; that balance of the property R-8 RESIDENTIAL. Section 2.: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the a AMBROSE, FITZGERALD 3CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephons88841481 Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, thislsLt day of g4At`� 1987. ATTEST: CLERK,/ JACK NIEMANN APPROVED: MAYOR, GRANT P. KINGSFORD MERIDIAN CITY CUUNC J AUGUST 18, 1987 PAGE # 2 0 The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance #485 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Tolsma, Yea: Myers, Yea: Item #3: Ordinance #486: Annexation & Zoning of Allison Property; Acting Mayor Brewer: An Ordinance annexing and zoning.Lot #6 of East Side Addition to Meridian, Ada County, Idaho: and providing an effect- ive date,. Is there anyone in the audience who wishes Ordinance #486 read in its entirety? There was no response. The Motion was made by Myers and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and the Ordin- ance Number 486 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Item #4: Ordinance #487: Rezone of DKDG Property in Settlers Village: Acting Mayor-Brewer:,An Ordinance amending and changing --the zone of certain real property in the City of Meridian, which'is described as Lots 4,5,6 & 7, Block 1, and Lots 4, 5 , 6, & 7, Block 2, Settlers Village Subdivision, Ada County, Idaho and Vacating the pedestrian walkway easement/twenty feet in width along the eastern fifteen feet of Lots 4, 5, 6, & 7 Block.2and the fifteen foot wide walkway -easement along the North end of Lot.7, Block 2, Settlers Village Subdivision Ada County, Idaho, but leaving intact the drainage and utility ease- ments that run concurrent to the walkway easements, and providing an effective date. Is there anyone in the audience who wishes Ordinance # 487 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Tolsma that --the rules - and provisions of 50-9G2 and all rules and provisions requiring that Ordinances be -read on three -different days be dispensed -with and -that Ordinance Number 487 as read -be passed and approved: Motion Carried: Roll Call Votee Giesler, Yea: Myers, Yea: Tolsma, Yea Item #5: Findings of Fact & conclusions on Variance Request for House - Square Footage on DKDG Property in Settlers Village: Acting Mayor Brewer: Councilman, is there any questions or comments on the Findings? There were none. The Motion was made by Myers and seconded by Tolsma that the City Council of the City of Meridian does hereby =.adopt and approve the Findings of Fact and Conclusions as prepared on this request: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: f7l AMBROSE, FITZGERALD BCROOKSTON Attorney: and Counselors P.O. BOX 427 Merldlan, Idaho 83842 Telephone 8884461 • ORDINANCE NO. ALLISON FIRST ANNEXATION AN ORDINANCE ANNEXING AND ZONING LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: ALLISON FIRST ANNEXATION LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ACCORDING TO THE PLAT THEREOF FILED IN BOOR 42 OF PLATS AT PAGE 158. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described. and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: The 110.00 feet adjacent to Pine Street L -O, LIMITED OFFICE; the balance of the property R-8 RESIDENTIAL. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. mn Section 3:- That the City Clerk shall cause one (1) copy of :he legal description and map which shall plainly and clearly iesignate the boundaries of said property, to be filed with the kda County Recorder, Ada County Assessor, and the State Tax :ommission within ten (_10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication,as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of August, 1987. (ATTEST: (Jack Niemann --City Clerk AMBROSE FITZGERALD BCROOKSTON Attorneys and Couneelom P.O. Box 427 Maddlan, Idaho 83612 Telephone 8884481 APPROVED: Mayor --Grant P. Kingsford AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Maddlan, Idaho 83812 Telephone 888"ll • ;TATE OF IDAHO,* ) : ss. :ounty of Ada, ) e I, Jack Niemann, City Clerk of the City of Meridian, Ada -ounty, Idaho, do hereby certify that the above and foregoing is 3 true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING LOT 6 OF EAST SIDE ADDITION TO :KERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. ,.by the City Council and Mayor of'the City of Meridian, on the day of 1987, as the same appears in my office. DATED this day of August, 1987. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO, ) : ss. County of Ada, ) On this day of August, 1987, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at: Meridian, Idaho NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and' the laws of the State of Idaho, that the C y City Council of the City Of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on August 4, 1987, for the ose of reviewing and considering the Application of Richard Pure of Lot 6 of Allison and Toni Allison ;. for annexation and zoning the Eastside Addition to Meridian, Ada County, Idaho, according to the plat thereof'; filed in Book 42 at Page 158, and including the east 1/2 of the, right of way of Pine Street adjacent thereto. The address of the property is 1040 East Pine, Meridian, Idaho. The zoning requested is "L -O" Limited Office for the 110' adjacent to Pine' and "R-8" Residential for the remaining property; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this dtrl— Tack-471-e—man'n, , 1987. /-ity AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888.4487 RICHARD & TONI ALLISON ANNEXATION & ZONING REQUEST 1040 EAST PINE C O M M E N T S 1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS: 2: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS: 3: CENTRAL DISTRICITO BREEDING PROBLEM: WATER & SEWER: RUNOFF NOT TO CREATE MOSQU 4: CITY ENGINEER: SEE ATTACHED COMMENTS: 5; SEWER DEPARTMENT: NO PROBLEM WITH ANNEXATION: PLANS FOR SEWER & WATER WILL NEED TO BE SUBMITTED: 6. PLANNING & ZONING E QTY COUNCIL APPROVE,THI57A}'PLICATION.INGS OF FACT APPROVED AND RECOMMEND TH (FINDINGS OF FACT ATTACHED) W A'DA C® U1®1 HIGHWAY131STRICT 318 FAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Ada County Highway District Commission Date: 5-22-87 From: Development Services Subject: ANNEXATION & REZONE EAST PINE (MERIDIAN) CEDAR TREE VILLAGE (Richard A. & Toni E. Allison, 888-6728) FACTS & FINDINGS: 1. To annex and rezone parcel 6, Eastside Addition, from R1 to LO and R-8. The name of the proposed 15 -lot subdivision will be Cedar Tree Village. 2. East Pine Avenue has 45 -feet of right-of-way (60 -feet is required) and is improved with 21 -feet of paving. 3. There is an irrigation ditch and power pole on the frontage. If the annexation and rezone is approved and development proceeds, the District will have the following requirements: STANDARD REQUIREMENTS: 1. Provide by dedication 30 -feet of right-of-way from the centerline of East Pine abutting parcel. 2. Provide curb, gutter, 5 -foot sidewalk, and match paving on East Pine abutting parcel. Provide an 18.5 -foot roadway section to back -of -curb from centerline of East Pine right-of-way. 3. Improvements to the dedicated right-of-way to be designed and constructed to ACHD standards and specifications. 4. All dedicated streets to be constructed and designed to ACHD standards and specifications. 5. All street construction plans shall be sealed by a registered professional engineer in accordance with ACHD policy. 6. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). 7. Relocate all irrigation/drainage structures outside of the public right-of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. M ri k. A jai A: W A'DA C® U1®1 HIGHWAY131STRICT 318 FAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Ada County Highway District Commission Date: 5-22-87 From: Development Services Subject: ANNEXATION & REZONE EAST PINE (MERIDIAN) CEDAR TREE VILLAGE (Richard A. & Toni E. Allison, 888-6728) FACTS & FINDINGS: 1. To annex and rezone parcel 6, Eastside Addition, from R1 to LO and R-8. The name of the proposed 15 -lot subdivision will be Cedar Tree Village. 2. East Pine Avenue has 45 -feet of right-of-way (60 -feet is required) and is improved with 21 -feet of paving. 3. There is an irrigation ditch and power pole on the frontage. If the annexation and rezone is approved and development proceeds, the District will have the following requirements: STANDARD REQUIREMENTS: 1. Provide by dedication 30 -feet of right-of-way from the centerline of East Pine abutting parcel. 2. Provide curb, gutter, 5 -foot sidewalk, and match paving on East Pine abutting parcel. Provide an 18.5 -foot roadway section to back -of -curb from centerline of East Pine right-of-way. 3. Improvements to the dedicated right-of-way to be designed and constructed to ACHD standards and specifications. 4. All dedicated streets to be constructed and designed to ACHD standards and specifications. 5. All street construction plans shall be sealed by a registered professional engineer in accordance with ACHD policy. 6. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). 7. Relocate all irrigation/drainage structures outside of the public right-of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. M ■ wm wwam� ' W ro a m N ••, [n z 3 ro ro Go 0 tD m V. cot rro r a CD tritm W m °OG Oo m K d o oj rt cwi c r E n ON rt ro M rt� W K Co(D N w w w K ro m K K K r K a jm d o 0 0ct N N C Og :'so W W rt 0 k til wWp d rh E a0ni aH ct mm rh O M rd O O W Oro O mrt b°w Omm a w d 1*1 w oc 12. PH 1w w rt 1 - WO n H 0.O N A r to ° In m r+ v Enam F- P) a rt O a o � m Rrt ZD P m rt : CCN 20 fn 0 Co w~ a �m 00 ` 'Err IFA O aon u. H 0 c4 g m c4 w 9 O m t•{ Hz z�C-+ c�ryaro 9 �t N N N � •o m n o o C a) w w o O rt P'" o m w Q w o r' ►C - r N m 'd rJ m p w m F- ;J N N N tOQ g 0 tzi n o n ro w o w n w �- ro rt rt rt H td q, m (D i mmmm r Ln v rtm�crnm H. H Co n m Z rt a w ti W ko (D c O mG Anao0 W W � mce ad w H' m w,��' w K r O H a m N a W r°t m rnm rt am N ~NP Q+� x �. nrtpwo w ° cr fmD rn 0 w i -n o o n m p v 00 rt rt w w 0 o m 01-1 m r rt ::rH 0 vi rr ° m m w w � H•d � m w rt m W d W m m 0 o o H rt n m m N• NO m a P-0 . a N c�D rwr K w n rt mrt n w F' g 0 w H. W m �- rt w 0 m H 0 O H rt N•art o m orr 'aN P, c°n Wm n m m n G n m o o m 0 ►i �C r m rt m rt C7 10 to rn m m m N H. P rn m w w p rt L cr rt n rt H o rt o rt m m v o m x ] m K m rt w C W m Qa m m rt m m m O aon u. H 0 c4 g m c4 w 9 O m t•{ Hz H o: t� Hz H zgCl tzi t� a� �o r Ln v ko co J 5 sr E, Ul „� �,r;, �, � ;� .. r i k k- �r 7^ �.� ���: �,e. :�.}, a.� ii t ��,"4 e .:� g�.. �k ` • CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Eagle Rezone # x Meridian _ Conditional Use # Kuna preliminary/Final/Short Plat ACZ IganexC'i.�'�^ ;—\,49V iso 9r_ L(o pa0.aASide Ad , 4- Mereal:Q , 1. We have no objections to this proposal. 2. _ We recommnd denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can cannent on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can cormient. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: xCentral sewage Interim sewage Individual sewage _ Comnnuiity sewage system and Central water Individual water — Community water well. 8. Plans for kCentral sewage ComJni.ty sewage system Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any (food establishment)(bev� erage establishment)( ng pools or sps (grocery store). 13. S, Reviewed by 0 Date 'M Co4°�°l I114Iillllill w w� 11 I wm wwGW.� 3 W ~ ri w b W 0 ►_! CA td bD tD rt rt rto m a o o w w m rn cwo t o ct g P� tt r a g m m m OD l�D tQ ? fD O OO m lD, ct fi �Ft- 't3 W tt M- w N Pctft 0 tall H W OW rt W 'C b fA K 7 O lrD N rt p, r 0 FN�f] W W a W rm't C OC G] 0 p� A W X O OW W k O maro rt rNii cr m $ fi cwD `Q rt d O �i x 0 K w m l�-�+t d� p. M g r ty to r et w ct Eq ate+ - rt o� n K rt b'� K H� O N 0t:1 to ct Fm-+ �C W AOW 0 rt r�9 ►,, ill A ki lD w po H R' 93-" m P- po 0 m rt b r v �Ai. r v Zi `►� (N� i� Ll M a rt m EO O m LSp,�- O o W K W o o 'a n a � W � � a H NES H O . � H 7 Z� ti W t7'O m K H A b tAij W 4 0 to CD ro b btil mem �rJ r n m O rob a(D c d a y It O alr� H O O o H o y O Q,, N a a H N z l3D rt 1-" O `P Z O O Or H W m g m O Fm{ CD a 3 w m rt Ori ro � LO m In Q tt lD 'p N rt 0 t Eh £ F K £x � i '& i4 44 i 4 Ni s ka f ' �,Z ykyn fi1�W.s AMBROSE, FITZGERALD $CROOKSTON Attorneys and Counselors P.O. Box 427 Maddlen, Idaho 83842 Telephone 8884461 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and' the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at;the Meridian.City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on June 9, 1987, for the purpose of reviewing and considering the Application of Richard Allison and Toni Allison for the annexation and zoning of Lot 6 of the Eastside Addition to Meridian, Ada County!, Idaho, according to the plat thereof filed in Book 42 at Page 158, and including the east 1/2 of the right of way of Pine Street adjacent thereto. The address of the property is 1040 East Pine, Meridian, Idaho. The zoning requested is "L-0" Limited Office for the 1101 adjacent to Pine and "R-8" Residential for the remaining property; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment''will be taken and is welcome. DATED this day ofMazz—F 1987. iema,n'n, City Clerk [t! CION t'.- n NE 4AT2JN Ai'r`N''V Al 6 ZJNIN-', Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION Cedar Tree Village (Proposed Name of Subdivision) 1000 E. Pine St. (General Location) Parcel 6 Eastside Addition (Legal Description - attach if lengthy) (Owner(s) of Record) (Name) Address) Same (Applicant) (Name) (Address) (Telephone No. ) 7 (Telephone No. ) (Engineer, Surveyor or Planner) (Name) (Telephone No. ) (Address) (Jurisdiction(s) Requiring Approval) Office & Residential (Type of Subdivision -Residential, Coam►ericial, Industrial) 50 5+- Ac. Acres of Land in Contiguous ownership. Ac eDted B` . ) ARF T . M1!NG j.?(_ F, TS .} L 1. Name, address ,nd phone number of applicant; Richard A. & Toni E. Allison, 1040 E. Pine, Meridian, Idaho 83642, 888-6728 2. Name, address and phone number of owner of subject property, and proof of title in said owner; Same 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; See Attached 4. Legal description of property; See Attached 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. Present land use ; R-1 7. Proposed land use; LO & R-8 8. Present district; Old Town 9. Proposed district; Old Town 10. Characteristics of subject property which make the zoning amendment desirable; Adjacent Sewer, water t& City Limits 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; Adjacent proper L.I. City & County R-8 & R-1 12. one (1) map of scale one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; -7%,.30 22 13. Twenty -sau n (4b" copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. •A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; See Attached 15. A statement of how the proposed zoning amendment relates to the Meridian Comprehensive Plan; 16. A fee as established by the Council; � (see 2-422 A) 17. A statement that the owner grants a lien against said property for payment of all costs incurred by the City including engineer- ing, publication and attorneys fees. See Attached AP- 2 R8 R/ WASHINGTON L O a1� _j 4! Q SITsr Q ,'ARIMN Q y AP- 2 2 Tfl�;o Q EAST STATE R-8 Pdd AVENUE AP -2 ITCREEK E. / ET �„� 71 CENTER SEC. 7, T.3N., R./E.,B.M �' CALE .' P, = 300, R/ LI IDAHO' AVE AP -2 VIc.1., MM'P ROADW Ir �t11��oN• Paope��y AVENUE rA ►987 M-/ 1. Paul McKague 110 E. 1st St. Meridian, Idaho 83642 2. Paul McKague 110 E. 1st St. Meridian, Idaho 83642 3. Paul McKague 110 E. 1st St. Meridian, Idaho 83642 4. William Charles Humpurey 939 E Pine St. Meridian, Idaho 83642 5. Paul & Shirley McKague 943 E. Pine St. Meridian, Idaho 83642 6. Smith & Bews 5204 Sorrento "Cir. _Boise, Idaho 83704 7. Daisy L. Snyder P.O. Box # 594 Meridian, Idaho 83642 8. Cecil Farrington 1180 E. Pine Meridian, Idaho 83642 9. A. R. Grant 1111 Adkins Meridian, Idaho 83642 10. Martin H. Fabricius 1235 Adkins Meridian, Idaho 83642 11. Eva Marleen Morgner 2015 E. Victory Rd. Meridian, Idaho 83642 12. Eva Marleen Morgner 2015 E. Victory Rd. Meridian, Idaho 83642 T�� 1 i i i� i� ,i i I 1 j li II I +o AVENUE ,L�' PINE 4 • CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 • We Richard A. and Toni E. Allison here by request annexation/ and zoning of property commonly known as*.1040 E. Pine St. (see attached legal.) 0 Richar A. Allison (Toni E. Ilison printed end for eel. by gyms york 0._Z,_ Y. Boise. Idaho 200—ACKNOWLEDGMENT--SINGLE STATE OF IDAHOcourm _ l ss. i~h_ ___--_ -, is the year 192, before me On this_ _ ___----____ =---- - �y of------------- --- - �' a Notary Public in and for said State, personally appeared._ ' eAX-XLr ------ raon� ---whose name.—.._AR-E-- subscribed to the within instrument, known. to me to be the pe`and acknowledges to me .escuted the same. l IN WITNESS WHEREOF, I have hereunto set my hand and affix ed my official seal, the day and year in this certificate first above Men ' Idaho. Nota. P blit for Idaho, residing at____���--------� 0 CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 • We Richard A. & Tobi E. Allison grant a lien against said property for payment of all costs including engineering, publication and attorney fees. R RICHARD A. ALLISON TONI E. ALLISON printed and for sale by SYms-York 0--p-W' Bobo' ISO 200—ACKNOWLEDGMENT'—SINGLE STATE OF IDAHO ss, COIINTY o - — � m ar the ye19_9f, before me On this__-----------� �-- _�------.___day of-----------------�----_ —_—_- ' a Notary Public in and for daid State, known to me to be flee pe: song --_whose name_._-_L°C___-_ subscribed to the within instrument, and acknowledg to me excuted the same. f iN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sear, the day and year in this certificate first above written, Notary Pub is for Idaho, residing at___¢a !--------, Idaho. • Le�Q��� �, x ► ski u� � o��� . � w / S7' g — �+occ w► �czw►a N l s7• a ti p 14 M p DO -EO 8 10 {moi © Ar (.D ao z m �oNc6p'�'u'�t I�I,aN T3No r►E$ C3w11 AA *, . C o MNA-LA G1 F'AKcC` Mr.1i 19 87 -: CrlsFvNw �..l W - !yam ..,.,E Q 1 I,4E O jZ7L� g��N �rrW crF L• Nc a T 4 1.4 T'SoX p 14 A\ 'AC p -EO 8 10 {moi © Ar O ao z m �oNc6p'�'u'�t I�I,aN T3No r►E$ C3w11 AA *, . C o MNA-LA G1 F'AKcC` Mr.1i 19 87 -: CrlsFvNw �..l W - !yam ..,.,E Q 1 I,4E O jZ7L� g��N �rrW crF L• Nc -� 4f 04, - � o �;' t )! l /,_,l,l,_(•),.i�t �a,l la . �':-_,� )_ l !_l),J( l;�l /�;1, i 8623042 WARRANTY DEED FOR VALUE RECEIVED �. and wife, P-77376 DB ARTHUR L. MOORE and GENEVIEVE D. MOORE, husband i the Grantors , do hereby grant, bargain, sell and convey unto RICHARD A. ALLISON and TONI E. ALLISON, husband and wife, I' i the Grantees , whose address is 1040 E. Pine, Meridian Idaho 83642 the following described premises, to -wit: Lot -6 of East Side Addition to Meridian, Ada County Idaho, according to the plat thereof filed in Book 42 of Plats at page 158. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee s , that the y are the owner s in fee simple of said premises; that said premises are free from all encumbrances. and that they will warrant and defend the same from all lawful claims whatsoever. Dated: >/ t i, / — - ACKNOWLEDGMENT - Individual STATE OIC' Idaho , County of Ada as. 01nthis -day of April ,in thlw yeah of l��r$ 6 , before me the under- ;' a notary public, =mer foil all p� eased ARTIzUR L MOORE and ARTHUR L. MOORE `� ' ``J`s & � GENEVIEVE D. MOORE STATE OF IDAHO, COUNTY ff e� I hereby certify that this instrument was fled for record at the request of PIONEER TITLE CO. at minutes past 3 this day of - - 19, in my office, and duly recorded in k of Deeds at page anV 19,1 AMBROSE, FITZGERALD 6 CROOKSTON Attome,e aM Couneelom P.O. Box 427 Mwidlan, Idaho 83642 Telephwe 88&4461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ALLISON ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation and zoning application having come on for consideration on June 9, 1987, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation and zoning use was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 9, 1987, the first publication of which was 15 days prior to said hearing; that the matter was duly. considered at the June 9, 1987 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the Application for Annexation and Zoning is described in the application, and by this reference is' incorporated herein; that the property is approximately 5 acres'in size; it fronts on East Pine Street and is generally known by the address 1000 East Pine Street, Meridian, Idaho; access to the property would be from Pine Street d � ro rr p r AMSROSE, FITMERALD A CROOKSTON AttomepmW Counselors P.O. SOX 427 MWhilan, Idaho 63812 Telephmre 6084481 and there would be no other access; the property on the south is zoned Industrial, the property to the southwest is zoned R-1 Residential, the property to the west is zoned R-8 Resideential, the property to the north R-1 Residential, and the property to east R-1 Residential. 3. The property is presently zoned by the county as R-1 Residential and the present use is the same; the Applicant is requesting annexation and zoning with the 110.00.feet with frontage on East eine Street being zoned L-01 Limited Office and the remainder of the property being zoned. -R-8,, _Residential and developed under.that zone with duplexes. The --Applicant has not made a decision to develop as a_.PUD or not; there is no request at this time to approve a subdivision plat although the Applicant did submit possible configuration drawings. 4. That the property is adjacent and abutting to the present City limits provided -1 the exact legal includes the right-of�-way for Pine -Street. 5. The Applicants are the owners -of the property and they have consented to the Application. 6. That the property..included:in the annexation and zoning application i -s within the Area of, -impact of -the City of Meridian. 74, That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in the OLD TOWN Area as designated on the Policy { x J.z 3 AMBROSE, FITZGERALD RCROOKSTON Attoms,e and Couneshxa P.O. Box 127 Mwidlan, Idaho 83812 Telephoi O8884I81 If LJ Diagram contained in the Comprehensive Plan. 8. That the Applicant, not knowing his exact development intentions, did not submit a request for a•conditional use for a planned unit development. 9. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 10. That the City has in the recent past -conditionally annexed and zoned property conditioned upon final platting and commencement of construction of sewer and water and other reasonable conditions. 11 That there was no testimony from the public objecting to the Application. 12. That the property can be serviced with City water and sewer. 13, That the fire department submitted no input which indicated that two adequate fire accesses were required. 14 Ada County Highway District -and - the Nampa: and Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 150: The City Engineer.- submitted comments and such are incorporated herein as if set forth in full. CONCLUSIONS 1. That the.City has authority to annex land pursuant to i stn %"z h7777 2e£'fi' }k'm: ry fV 1 vYP 4,1W w�� V 41 e3.;,'iS x #-3 t'� 4 *�'.i• j:�"` S. ? d 5 L R, M 4. , N L 3 l Y511 0 5` Fk $ f W.6 X2�`,0ce`s94 t s x 04`410% 10 21 �W Sg40�F"� a9Ebi >k. zf�X Y g z "-£�d - F #41k d � & � i. ATr 4a v AMBROSE, FITZGERALD & CROOKSTON Attorneys end - - Counselors P.O. Box 427 Meridien, Idaho 83542 Telephone BBB -4461 e 50-222, Idaho Code; that excerise of Ithe City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged this annexation and zoning application by - the guidelines, standards, criteria, and policies contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended September 3, 1985, and the record submitted to it and things of which it can take judicial notice. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances, of the City of Meridian have been complied with.. 4.'' That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. That the land within the proposed annexation -including - Pine Street is contiguous to�the present*'City limits'D#-the City of Meridian; and'- 'the annexation would—not be = -=a -- shoestring annexation. 6. That the annexation .appl-ication----hasbeen-- initiated by the Petitioner, - the owners, 'and- the -annexation -is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land. � xd r'ah iL- -�3 yr i;Yt�n a l la 7 x di 31� {s AMSROSE, FITZGERALD &CROOKSTON Attorneys and Counselor P.O. Box 127 Meridian, Idaho 83812 Telephone 88&/181 8. That the following provisions of the Meridian Comprehensive Plan are noted in relation to this Application: a. p.8 GOALS OF THE -COMPREHENSIVE PLAN GOAL 4: "To provide housing opportunities for all economic groups within the community." b. p.12 POPULATION GROWTH --POLICIES 3: "Unimproved or unrealized land within Meridian City limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement." ce p.23 HOUSING DEVELOPMENT 1: "Encourage the overall balance of public and private proposals- regarding . residiential development and includes a variety of densities, -housing types -and housing opportunities for all segments of the planning area popluation." p.26 3. HOUSING POLICIES (1.) "The City of" Meridian intends - - to - provide for a wide: diversity of -:-housing types--- (single --family; -mobile homes -and multi -family arrangements) ---and choices between ow6erthip andl rentidwelling-units for all income groups= _ in = a -=-variety of locations suitable for- r'eside-nti-al development." (4.) "The development of housing for all income groups close to employment and shopping centers should be encouraged." p.27 (14,) "Design and performance standards should be_.. _ I applied to infilling development in order - AMBROSE, FITZGERALD & CROOKSTON Auomeysan0 Counaelaa P.O. Box 127 Meridian, Waho 83842 Telephone en4al to reduce adverse impacts upon existing adjacent development." (19.) "High density development, where possible, should be located near open space corridors or other permanent major open space and park facilities and near major access thoroughfares." p.30 TRANSPORTATION Collectors: Pine --Ten Mile to Eagle 9. That the following provisions of the'Zoning Ordiance of the City of Meridian are noted: a.) 11-2-408 B 2. (R-8)- MEDIUM DENSITY -RESIDENTIAL - DISTRICT: The purpose.of the (R-8-)_District=is to permit the establishment of single and two (2) family dwellings�at a.density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur 'in accord with the Comprehensive Plan . _ : of- the -:,City and is ---also designed to;,permit the conversion -of - large -homes into two (2) family dwellingb�. i-rk-=well--establ-i-shed neighborhoods of comparable land -use fon-nett-ion= to the Municipal, Water -And Sewer Systems --of the City of Meridian -is -required. b.) 11-2-408 B 5: IL -0) LIMITED-OFFICE-JDISTRICT: The purpose! of .the. -IL -O) District is- tO=-permit the establishme=nt- .o€_ groupings . of_- professional, research, executive,-.administrat-i-vei_"account-ing, -- clerical, stenographic;= -public --service and similar uses-* Research uses.shall -not-involve heavy testing operations of any"kind-or-product manufacturing of-such:_a,nature to -create noise, vibration or emissions_of a nature.offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal _ Water and Sewer System of the City of-Meridan is z� :art k" A4 11V 41 N 114 ' TIM, � .v�,..IAXi, wa,y' �� *,� �3"gr �,��rtNr s� r � i zr: �e 1 � h AMBROSE, FITZGERALD &CROOKSTON Attomeye and Couneelae P.O. Box 427 Meridian, Idaho 83812 Telephone 888.4181 a requirement in this district. 10. That the development of annexed land must meet and comply with the Ordinances of the City• of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the applicant shall be required to connect to Meridian water and sewer lines and extend such to the development at its own cost; that the property will be required to be platted and will be subject to Site Planning Review. 110 That it is concluded that the annexation would be in the best interests of - the City•of.Meridian if -_the land was going to be immediately developed. 12i That it is concluded that the Commission should only. conditionally recommend the annexation and zoning _ of_ the property; that these conditions -should be approval of a final Plat or PDD. and- commencement-- of construction --of - sewer and water lines; !additionally the =-comments of the City. Engineer and the Nampa and Meridian'Irrigation_District:must be --complied with. The comments of -Ada -County. Highway .District, except 2: and 11, should also be; met;- comments, 2:-andAl should be settled_ :between- the Applicant and Ada County Highway District. 130 It is, pointed out to the Applicant that while recommendation is being made for conditional annexation and zoning, the Commission approves of the concept. The Commission reserves the right and ability to impose conditions and - P . r a�a �n .n A4 AMBROSE, FITZGERALD ACROOKSTON Attorneys end Counselors P.O. Box 127 Merldlan, Idaho Telephone M8441 restrictions dpon platting and site planning review. 14. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be conditionally annexed and zoned as requested; that the conditions should be those stated above; that such annexation would be orderly development and reasonable if the conditions are met. APPROVAL OF -FINDINGS OF FACT AND CONCLUSIONS The! Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Cole Voted Commissioner Shearer Voted Commissioner Johnson- Voted Commissioner-Alidjani Vote Chairman Morrow -(Tie -Breaker) - Vote - - RECOMMENDATION It is hereby ___�r.ecommended----to-_ -the ---City_ Council -that ---the property should be conditionally annexed°and --zoned-as requested which conditions.are-stated hereinabove. MOTION: APPROVED = DISAPPROVED: N PIN u5^ i r .J Md . s ;y "4t, S.. �k f +1 i g MERIDIAN P &,Z JUNE 9, 1987 'PAGE # 4 it will have some issue on this request Johnson, I guess the point I want to ra body want to do what is suggested here, we don't want to and that is to put the and objection on this that he is suaaes 0 e here is whether we as a am kind of the opinion that restrictions, conditions ng. Morrow, I don't think in my opinion that we want to address that at all " because he has commercial zoning and he is entitled to any useage under his commercial zoning, the general point of the letter is that he wants the City to some sort of guarantee that if this property is changed to residential that when he develops his Property commercially that he is not going to have a bunch of homeowners in opposition if he puts in, I think the quote was a Circle K, or some type of conveniencetsboj�e. I think it is up to the developer if this is approved that the potential purchaser of the lots are made aware th t that property is commercial and it can be used for those uses. Cole, is the access along Lot 7 Block 2 being used for access to the park now? Hubble, not to my knowledge, it is not graveled or improved at all. Morrow, I have a question here, maybe someone can answer it, why is y ACHD requiring that driveways be located five feet from the pzoperty line?This is the first time I have seen his on their requirements. No one had a. --answer for this. Morrow, if there are no other questions of the Commission, we will now open the Public Hearing. Is there anyone in the audience who wishes to testify on this request? There was no re ponse, the Public Hearing was closed. Are there any more questions of the Commission? Johnson, I want to know where we stand, are we going to make a recommendation on part of the application? Morrow, we are going to consider the application as submitted with the deletion of the vacation of the easerc�ent along the north side of Lot 7 Block 1. The Motion was made by Johnson and seconded by Shearer to have the City Attorney prepare Findings of Fact and Conclusions on the application for a rezone by DKGD Properties: Motion Carried: All Yea: The Motion was made by Johnson and second d by Shearer that the Findings -show a recommendation that the Ci y Council approve the rezone of the property requested in the application by DKDG Properties along with the vacation of the easements as ame ded. Motion Carried: All Yea: Item_ #3: Annexation & Zoning Request by Richard & Toni Allison: 4 y MERIDIAN P & Z JUNE 9, 1987 PAGE # 5 Chairman Morrow, is there someone in U audience to present this request? Mr. Richard Allison was present,, Mr. Allison was sworn by the City Attorney. Allison, I would first of all aquaint the Commission with the parcel we are asking for Annexation & Zoning -__, Allison pointed out the parcel on the map. Allison advised the Commission what the current zoning was in the area. I am requesting a LO Zone on approximately 110 feet of the front of the property due to the fact that it is a transitional zone which would be placed between the Industrial Zoned property across Pine Street and the residential property which under the Ordinance states it is an appropriate zone for that purpose. The balance of the property I am requesting a R-8 Zone which would be used for the development of duplex apar ents,approxismately eight per acre on the remaining 3.6 acres. I have submitted a plat map to give you a general idea of the number of lots to be created and a general layout of the Lots. I have not decided at this time whether I would do it in that configuration or to leave the balance of the R-8 property in a single lot and develop as a PUD. Insofar as the specific comments from ACHD, Pine Street is to be a collector street some time in the future and will require a 60 ft easement, they are askingfor additonal right way and other items and I have no roblems with thogei I have had some discussion with Jon Thompson of ACH to try and find the proper elevation to curb, gutter and sidewalk, believe we could get close enough at this time that it would not pr sent a problem althaaugh at some later date it may be necessary to t ar it out,and redo it due to the fact that at some later date it may be changed. Morrow, what you are telling us is that ACHD does not have a schedule for that street nor have they done any work to tell what the grade and elevations.are? Allison, they have designated Pine Stree as a collector street, they have no on sight elevation, engineering ir other to designate.where the specific elevations should fall. It ..Would probably be in my best interest to go ahead and curb, gutter and sidewalk along Pine Street even though there will be a cost between 5 & 7 thousand dollars mainly because it would enhance the project. Morrow, how do you feel about making the payment twice though? Allison, there is two different criteria to look at, I don't.like the idea of paying it twice, if in fact the Planning & Zoning Commission themselves would agree, I would prefer to wait, if I did prefer to wait I would have to do something to enhance the street anyway because if it is a PUD and we are doing what is referred to as medium quality or maybe above medium quality units we axe going to have an appropriate entrance. It would be my plan to immediately behind the LO Zone to burm and landscape at an approximate level of six feet to meet the requirements with regards to privacy and prevent any noise from Pine Street. I do not like the idea of spending for the curbs gutters & sidewalks maybe twice but if for the good of the area thats fine, it seem inappropriate ppro riate to do it for the area and there is no curb, gutter or sidewalk for considerable distance in either direction. It would depend on how the Commission feels as the necessity to do that. 0 -U, .,z ^6 Chh z�- 1 MERIDIAN P & Z JUNE 9, 1987 PAGE # 6 Insofar as the comments from the other agencies and staff I have no problems with them. Morrow: Are there any questions of Mr.Allison? Johnson; Do you know where that subsurface drain is located on the property that NMID commented about? Allison: Yes, it is located approximately in the middle of the property - I visited with the property owner direc ly to the east of my property and he advised that where it enters my roperty it is about thirteen feet deep and exits the property at abo t eight feet. This drain was Put in to drain basements of the homes n the area. Based on preliminary findings the water and sewer lines to service this development would not interfere with this drain as they do not have to be at that depth. It will need to be identified so no building would be built drain. over this Morrow; If there are no other questions of the Commission, I will now open the Public Hearing, is there anyone in the audience who wishes to testify or comment on this application? Paul McKague, 933 East Pine, Mr. McKague was sworn by the City Attorney. a McKague: I would like to know how many apartments wouldbe on-Rroperty? Morrow: the way it is designed at this time there is a potential of twelve duplex units plus the two office buildings on the frorkt lots. McKague: on this map which we received what is the circl@.'faj? Morrow: that is the area within three hundred feet of Mr. Allison which he is required to notify of this hearing.under the Ordinances of the City. Is there anyone else who wishes to testify? There was no response, the Public Hearing was closed. Are there any other questions of the Commission? Shearer: when we consider this I think w need to further address the ACHD comments on sidewalks, curbs and gutters. Cole: One comment about the ACHD curbs, gutters & sidewalk out in the area, I would think although there is a chance that it maybe wasted, that it might have to be all ripped out down the road when the whole road would be improved, that area out I think that there is a good chance it could be designed correctly to start with and be built and whatever was there, it would be close enough so at the time the balance was constructed they could match to it and it would not create any problems. Some area I think there could be real problems but out in that area I do not think it would be a problem. The Motion was made by Shearer and seconded by Alidjani to have the City Attorney prepare Findings of Fact and Conclusions on the request by Richard & Toni Allison for Annexation and Zoning for the property in the application. Motion Carried: All Yea: i M i.f t �J L, 1, 4 d h rv`yk' ✓r' 40 ty �,x MERIDIAN CIT'x (2uGNC1L AAGUST 4, 198 7 PAGE # 5 Attorney prepare an Ordinance rezoning DKDG Properties with the stipulation t the seven feet on the East side of the Motion Carried: All Yea: 0 property as requested by the irrigation tile and perty be resolved. Mayor Kingsford: Mr. Hubble, do you stil want to pursue the Variance knowing that it could be disapproved and there will be costs involved in the preparation of the Findings of Fa t? Hubble: Yes: The Motion was made by Brewer and sec Attorney prepare Findings of Fact and Request for house square footage as Motion Carried: All Yea: by Giesler to have the City lusions of Law on the Variance sted: Item #4: Covenants for DKDG on lots in Settlers's Village: The Motion was made by Myers and seconded by Brewer to table the covenants until the next meeting when the Rezone Ordinance will be ready: Motion Carried: All Yea: Item #5: Public Hearing: Request for Annexation & Zoning by Rich Allison: Mayor Kingsford: At this time I will open the Public Hearing, Mr. Allison would you come forward and be sworn and explain your request to the Rich Allison, Allison was sworn by the City Attorney: Allison: I am requesting that my property located on East Pine, which is approximately five acres be annexed'an zoned. The request is for the front 110 feet to be Limited Office and the balance be Zoned 1t-8: The property is currently surrounded by County Zoning R-1, R-8 and IL across the street. The property directly South i, currently in the City Limits, there is sufficient water and sewer to th site for development. Tolsma: Do you have any problems with Engineers comments? Allison: I have none: Mayor Kingsford: Anyone else from the p imony on this request? There was no res closed. requirements -or the City is who wishes to offer test - se, the Public Hearing was The Motion was made by Brewer and seconde by Myers to approve the Findings of Fact and Conclusions.of Law aprepared by the City Attorney for the Planning & Zoning Commission on t,is request: Motion Carried: Giesler, Yea: Myers, Yea: lsma, Yea: Brewer, Yea: ,.r44 �. IZZ Q 0 � r731Z'1 s NMI -r v a,G .,r k 3` +� 1'ulit sc ma% s � a 4,4 W, 41 1, z x A 4 V a� m kt �"�J3W MERIDIAN CITY COUNCIL ik AUGUST 4j.1987 PAGE # 6 The Motion was made by Giesler and seco�ded by Tolsma to have the City Attorney prepare and Ordinance for the nnexation & zoning of the Rich & Toni Allison property as requested in the application: Motion Carried: All Yea: Item #6: Public Hearing: Request for Rezone by Hartwell, Spencer, Butterfield, and Shearer: Mayor Kingsford: I will now open the Public Hearing, do we have a spokes- man for the group, if so would you come forward and be sworn. Mr. Dennis Butterfield, Butterfield waslsworn by the City Attorney: Myers: Have you read the City Engineers problem with them? Butterfield: I was wondering if that be done after the zoning approval? Myers: normally we include these as a is a problem with them. Mayor Kingsford: Mr -..Butterfield, all o are not asking for a change of use, you each issue Is.different so you are aski as the change of use is desired they ca Butterfield: As far as I know the other on doing anything'at this time except m venture in the;future: I want to house: on the back of my lot. ks and do you have any to be finalized here or -can that tion of approval unless there these properties at this time re asking for a change of zone, for a change of zone so that develop it, is that right? hree properties are not planning e it useable for a commercial plumbing company in'a building Brewer: I will read`the City Engineers recommendation so you know what we are talking about'.'Mr. Brewer read the comments. He is making a point that all of the owners will know that when they want to develop they will be required to have these items. Butterfield: I understand but my customers will not come to my property, We-probably-will-park.a personal vehicle there and take a truck. M4yor Kingsford: Anyone else from the imony on this application? Mrs. Hartwell: These restriction conc apply until a commercial venture goes Mayor Kingsford: Until you decide to thing will remain as it is today. Mayor Kingsford: We have received a let regards to this issue we are entering i to blanket rezoning of the properties. Brewer Buchanan. Is there anyone else f testimony on this request? There was no closed. c who wishes to offer test- ing the commercial area, do not , is that true? ge use of that property every- * dated August 3, 1987, with o the record as being opposed is letter is from E. Faye m the public who wishes to offer esponse, the Public Hearing was MERIDIAN P & Z 47LY" 14, 1987 PAGE: #2 i and drainage are maintained or granted as questioned in the C'ty Engineer's comments. It is further recommended that the Applicant grant deed restriction that only single-family dwellings may be construc ed on the involved lots. Motion Carried: All Yea: Item #3: Findings of Fact & Conclusion on Allison Annexation & Zoning 1` Request. - _ - _ Chairman Morrow: Are there any comments or questions of the Commission? There was no response. The Motion was made by Cole and seconded.by Shearer that the Meridian Minning & Zoning Commission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney on the Allision Request for Annexation & Zoning. Roll Call Vote: Cole, Yea:. Shearer, Yea; Johnson, Yea: Morrow, Yea: The Motion was made by Cole and secondedby r that it is�hereby recommended to the City Council that the ropertyeshould be conditionally annexed and zoned as requested with the conditions stated in the Findings of Fact & Conclusions. Motion Carried: All Yea: Item #4: Findings of Iract & Conclusions and Hartwell Rezone Request: Chairman Morrow: I would ask Mr. Shearer on this issue, are 'there any comments ;or this issue? There were none. Butterfield, Spencer„ Shearer abstain voting or commenting. stions of the Commission on Commissioner Shearer: I will abstain from item: r. any voting ocommends on this The Motion was made by Johnson and seconded by Cole that the Meridian Planning and Zoning Commission hereby -ado ts,and approves the.Findings of Fact & Conclusions as prepared, by: the City Attorney on`this request. Roll Call Vote: -Johnson, Yea: Cole, -Yea: Morrow Yea:: Shearer, Abstained: The Motion was made by Johnson and seconded by.Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the application for rezone of the property to Community Commercial as requested in the application upon the condition that all City Ordinances are complied with and the comments and requirements of the City Engineer are met and the require- ments of Ada County Highway District are m t with the exception of Standard requirement #4.: _ Motion Carried: All Yea: